Directors of adult social services and social workers call on government to bring forward Liberty Protection Safeguards “without further delay”

This comes after the Minister of State for Care said he was “not entirely convinced” that replacing the Deprivation of Liberty Safeguards (DoLS) with the LPS will achieve the stated objectives of the exercise.

Speaking during a committee debate on the Mental Health Bill last month, Stephen Kinnock said: “The previous Government paused the implementation of the liberty protection safeguards; they decided to focus on other priorities.

“In the absence of LPS, the deprivation of liberty safeguards system will continue to apply. The Department has made it clear that all bodies with legal duties under the DoLS must continue to operate these important safeguards to ensure that the rights of people without the relevant mental capacity are protected.”

However, in a letter sent last week (2 July), BASW and ADASS outlined the disadvantages of the current system – observing that the backlogs for processing DoLS applications are “alarmingly high”, with only 19% of standard applications being completed within the statutory timeframe.

The organisations wrote: “When assessments are delayed, staff face the challenge of keeping people safe while protecting their rights. People are being unlawfully deprived of their liberty for longer than they should, or where less restrictive options could have been identified sooner.”

Outlining the advantages of the LPS by contrast, the organisations observed that the proposed regime was designed to address “many of the challenges arising from the DoLS process”, including longer authorisations, streamlined renewals, better use of specialist roles, and integration with Care Act processes.

They wrote: “Were the LPS implemented, not only would more people be protected, but further savings could be made by local authorities not needing to take community DoLS cases to the Court of Protection for authorisation.”

The LPS – as provided for by the Mental Capacity (Amendment) Act 2019 – would have extended the scheme to cover 16 and 17-year-olds, applied the safeguards to additional settings, including people’s homes and supported living services, and given responsibility for issuing authorisations to NHS trusts and integrated care boards, along with local authorities.

They were intended in part to deal with the significant backlogs arising as a result of the landmark Supreme Court ruling in Cheshire West.

However, in April 2023, the then government announced that the implementation of LPS would be delayed beyond the life of that parliament.

Concluding the letter, ADASS and BASW called on the Government to end what it described as a “lengthy and prolonged” delay, by providing “much needed clarity” on its plans for phasing in the Liberty Protection Safeguards.

The organisations said: “Retaining the status quo is not a viable nor a sustainable option. LPS could offer real benefits, including longer authorisations, streamlined renewals, better use of specialist roles, and integration with Care Act processes.”

The DHSC has been approached for comment.

Lottie Winson